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Bill
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Captive Primate Safety Act

H.R. 2856 · 113th Congress · Jul 30, 2013 · Lineage

A BILL

To amend the Lacey Act Amendments of 1981 to prohibit importation, exportation, transportation, sale, receipt, acquisition, and purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, of any live animal of any prohibited wildlife species.

1. Short title

This Act may be cited as the “Captive Primate Safety Act”.

2. Addition of nonhuman primates to definition of prohibited wildlife species

Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end “or any nonhuman primate”.

3. Captive wildlife amendments

(a)
Prohibited acts— Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)—
(i)
in subparagraph (A), by inserting “or” after the semicolon;
(ii)
in subparagraph (B)(iii), by striking “; or” and inserting a semicolon; and
(iii)
by striking subparagraph (C); and
(B)
in paragraph (4), by inserting “or subsection (e)” before the period; and
(2)
in subsection (e)—
(A)
by striking “(e)” and all that follows through paragraph (1) and inserting the following:

“(e) Captive Wildlife Offense

“(1) In general—It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species.”

(B)
in paragraph (2)—
(i)
by striking so much as precedes subparagraph (A) and inserting the following:

“(2) Limitation on application—Paragraph (1) does not apply to any person who—”

(ii)
in subparagraph (A), by inserting before the semicolon at the end “and does not allow direct contact between the public and prohibited wildlife species”;
(iii)
in subparagraph (B), by striking “State-licensed wildlife rehabilitator,”;
(iv)
in subparagraph (C)—
(I)
in clauses (ii) and (iii), by striking “animals listed in section 2(g)” each place it appears and inserting “prohibited wildlife species”;
(II)
in clause (iv), by striking “animals” and inserting “prohibited wildlife species”; and
(III)
by striking “or” after the semicolon at the end;
(v)
in subparagraph (D)—
(I)
by striking “animal” each place it appears and inserting “prohibited wildlife species”; and
(II)
by striking the period at the end and inserting “; or”; and
(vi)
by adding at the end the following:

“(E) is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if—

“(i) the nonhuman primate is a single animal of the genus Cebus;

“(ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization that before July 18, 2008, was exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals;

“(iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment;

“(iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii);

“(v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species;

“(vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); and

“(vii) the transportation of the nonhuman primate is in compliance with—

“(I) all applicable State and local restrictions regarding the transport; and

“(II) all applicable State and local requirements regarding permits or health certificates.”

(b)
Civil Penalties— Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended—
(1)
in paragraph (1), by inserting “(e),” after “subsections (b), (d),”; and
(2)
in paragraph (1), by inserting “, (e),” after “subsection (d)”.
(c)
Criminal Penalties— Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended—
(1)
in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by inserting “(e),” after “subsections (b), (d),” each place it appears; and
(2)
in paragraph (3), by inserting “, (e),” after “subsection (d)” .
(d)
Effective date; regulations—
(1)
Effective date— Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of—
(A)
the date of promulgation of regulations under paragraph (2); and
(B)
the expiration of the period referred to in paragraph (2).
(2)
Regulations— Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section.

4. Applicability provision amendment

Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191) is amended—
(1)
in subsection (a), by striking “(a) In general.—Section 3” and inserting “Section 3”; and
(2)
by striking subsection (b).

5. Regulations

Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following:

“(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e).”